I was walking into a store and I had just grabbed a cart. I had turned around to wait for my boyfriend when all of a sudden I felt pain in my leg, like something was hitting me. I turned around and the cart pusher had just pushed the whole row of carts into my leg, and he kept pushing.
I filed an incident report and ended up having to get a motorized cart and walking the rest of the time in the store. I had pain in my leg from my knee to my hip, and the pain just kept getting worse.
I couldn’t bare the pain so I went to the emergency room. After an exam it was stated I have contusions on my hip and my knee. I was told to rest for a few days and given pain medicine. I was also told that I will feel stiff and be in pain a few days.
The store called me today and said that their insurance company would call me. What do I say to them? What do I ask for? Is there anything else I should do? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Tell the truth, just as you stated it here. You did not contribute to your injury at all. From the facts you present, the employee negligently pushed the carts into you. You were smart to have an incident report created. The store’s insurance company likely has a copy of the report. They may also have a video showing the incident as it occurred.
Tell the insurance company you were injured and experienced “pain in your leg from your knee to your hip, and the pain kept getting worse.” Also tell the insurance company representative (claims adjuster) the pain was so severe you had to go to the emergency room. You were diagnosed with “contusions on my (your) hip and my knee.”
Politely tell the claims adjuster you don’t want to discuss the matter further until such time as you are fully recovered. At that time you will be happy to consider a discussion of settlement for your “damages.”
Damages can include your medical bills, out-of-pocket expenses (for such items as medications, crutches, slings, etc.), lost wages, and for your pain and suffering.
The claims adjuster may request you give a recorded statement. You are not required to do so, and not doing so will likely not adversely affect any settlement you may eventually agree on.
Gather copies of your medical bills, medical records, receipts for out-of-pocket expenses, and a letter from your employer verifying any lost wages. When you are fully recovered, you can give that documentation to the claim adjuster in furtherance of the settlement of your claim.
Learn more here: Retail Store Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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